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Ord 03-450CITY OF FEDERAL WAY ORDINANCE NO. 03 - 450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compatible with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase the allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals of the comprehensive plan by allowing and encouraging a variety of multiple family housing in commercial areas, as well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone fi'om 12 units to 18 units per acre, but failed to adopt a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to allowing churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent with Ord No. 03 450 , Page I ORIGINAL the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDA1N AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood LUP44 Neighborhood Business centers shouM consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. 2. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. and 3. The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 -/45 0, Page 2 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the !6eh dayof Sopromh~r ,2003. ~ CMC CITY CLERK, N. CHRISTINi G~-EN, ~ APPROVED AS TO FORM: APPROVED: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: ~/26/03 9/16/03 9/20/03 9/25/03 03-450 I:X2002 Code Amendments\Changes to BN zone\City CouncilXAdoption Ordinance.doc/08/25/2003 10:35 AM Ord No. 03 450 , Page 3